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  • anilnag
    03-09 10:47 PM
    http://immigrationvoice.org/forum/showthread.php?p=324915#post324915

    Please contribute here so that we can end the guessing game and get realistic data on pending applications by each category and country. This will help us determine how fast VB may move in future.

    Thanks





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  • msyedy
    06-13 11:12 AM
    Hi, Senthil and Bugmenot

    You said :They will allow some form of consulting and they may ban subcontracting in H1b.

    Now you agree that consulting will be there. So the bill have to be tweeked or else even small american companies will shut down.
    ex bearing point....

    Rule 2 of restriction - Company cannot hire 6 months before or after it has laid of a person.

    Impossible to be applied.
    (Big companies will be affected with this, small companies like CDI, ABC.. who might hire a H1-B on their pay roll but they let them go when they are not able to find a new client that they can place that person).

    Rule 3 - You have to advertise before you get an H1-B might be allowed but ignored like L1 is ignored now.

    I will show you how the merit based system have to change for EB in my next post.

    Got to go...

    I am not supporting consulting ban on h1bs. But even that happens companies will readjust by hiring permanent people. Also big consulting companies will bring more people by L1 and B1. I am working in a consulting company and they do not depend on H1bs though considerable H1bs are there.Still H1b Cap will be reached there is heavy demand for h1b. Also I do not think it is outright ban of H1Bs in consulting. They will allow some form of consulting and they may ban subcontracting in H1b. It depends on how USCIS interprets the law. I hope Congress will not do if anything is bad for country. Infact same rule is there in L1 also. But still I am seeing persons are placed in client sites.
    Of course anti immigrants are trying to block H1b program using this but congress trying this because abuses are more in consulting. When congress realizes this anytime they will remove this restriction if they find some other alternative.

    Now chances of CIR is 30% and 60% chance of statusquo for another 2 years. Even skil bill is passed seperately same restrictions will come as same Senators will be there.

    Some of abuses are
    1. Not paying bench
    2. Lower pay compared to market
    3. illegal agreements
    4. Rotation of people and using H1b for outsourcing(It is not abuse but it is not the purpose of H1b)
    5. Giving ads for recruiting only H1bs





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  • deepakjain
    08-11 11:41 AM
    It's out now EB2 I and C are 08JAN05.

    Visa Bulletin September 2009 (http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html)

    2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......

    filers till 2006 wait for an year, your GC will be in your wallet by 2010.

    Filers till July 2007 wait till 2012 your GC's should be in your wallet.....





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  • Munna Bhai
    12-26 09:18 AM
    a)My 6 years H1b is over by May 07.
    b)I-140 Premium Processing pending.
    c)Got offers from other two company.

    Can I use I-140 to transfer my H1b to another company?What happens if the current company revokes I-140? What is the best option?

    Thanks,:(



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  • conundrum
    10-17 11:36 AM
    Faxed and mailed!





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  • diptam
    07-05 12:42 PM
    Lets stop this thread and core decide about this ( who are running IV )

    This is creating lots of discussions and nothing will come out apart from
    wastage of our time... I mean we get attracted to a spicy thread like this automatically and the end result is 0

    I agree with you 100%. We are so much divided community, lets not create another factor to divide this community further in paid and non-paid members.

    Core, if you see this thread is not part of yor agenda, please close this immediately. This is just dividing us further. Plzzzzzzzz.



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  • pappu
    07-02 05:18 PM
    Thanks Ramus. Yes this is important for us in order to proceed with our action plan for protest against this insane visa bulletin. We need everyone's help and contributions.





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  • nomi
    12-13 02:00 PM
    Thanks. I appreciate your enthusiasm and seveal other members on this thread. Pls help us in the action items listed by IV so that we can be well prepared to undertake any campaign early next year. Let me tell you, the campaign like last week will happen again because IV will keep pushing through every crack in the door until our goal is achieved. At such times we need to have enough membership muscle, financial capability to sustain and execute the effort. All this is not built in one day but during times like this when DC is quiet.


    Sure . Agree with you and Stand next to you and IV with full of my energy and resources.



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  • same_old_guy
    03-19 05:13 PM
    Before EB2 moves faster, every EB3 guy will get a new LC and jump in to EB2 line. Then EB3 line will be little lighter and moves a little faster. Then people will start asking like this - "Can we go back to EB3 line ? Can we have 3rd EB3 LC ( like LC sells in walmart) and another 485 ?" . Pretty much everyone wants to have 2 LC , 2 I-140 and 2 I-485 at any time. That way whichever category moves faster they will beat the system.

    Then we come to this forum and wonder why there is so much backlog or why USCIS is so slow ( my favorite one).

    This madness has to stop !


    Can EB2 move to March 06?





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  • willigetgc?
    08-10 10:30 PM
    i feel frustrated at some peoples' unwillingness to admit that eb3 needs iv's help now more than ever. They are saying that nothing much can be done for eb3, as ins merely corrected its wrong interpretation in visa allocation

    I went to the advocacy days in DC this June, and the biggest push IV was/is making - country cap elimination. The biggest benefactor of this change is EB3 (eb2 will be helped too, but that is how INS preference system works) - again, the biggest benefactor of this legislative change is eb3. IV has been pushing this issue over and over - try reaching out about town hall meetings or any such meetings with lawmakers - and you will figure out how much iv is working on behalf of eb3. Unfortunately, not many eb3 were active until the last 2 vbs. So, please do not say, "nothing much can be done for eb3" or "IV is not working for EB3". Its just that you may not see value in the route that IV is pursuing. It is eb3 members' unwillingness to admit that IV needs grass root help more than ever now.

    but, if we are all willing to put our hearts and minds to it we can surely come up with new ideas that will help our cause. Surely, laws are written so that justice can happen. So if justice is not happening, the law would have some answer, somewhere.

    Let me put forward my idea.

    The ina language says that until eb2 is not current, there will be no spillover to eb3. Agreed. but i would contend that this statement is on a year to year basis. that is, if in the year 2002 (for example) all eb2 has been satisfied, then the spillovers should go to year 2002 eb3.

    i am sorry to point this out, but you are looking at this from only your angle. Don't get me wrong, i would probably do the same. Having said that, logically this change will not fly with the uscis - 2 reasons - 1. Your contention that this rule is year to year - flawed contention 2. What does all eb2 satisfied mean? - these arguments will not work. I am not pulling you or the idea down - but simply stating my point of view based on what I know of the law.

    is this something iv can point out and fight for? Can eb3 members put their money and efforts in this direction? Let me know if this sounds worthwhile

    now a days we are seeing more threads related to spill over allocation interpretation etc, but i have not seen any single post by iv core about this. I am from eb3 community and share the frustration among others.

    i remember a time just a few months ago this year, eb2 were complaining about spillover not happening, and iv core disputed it, saying that spillover was happening.

    i see a lot of people suggesting to port from eb3 to eb2, instead of wasting time on these discussions. Well, porting is not an option for most of us. It is either because we are working for big companies (who do not want to extra burden) or not able to find a small company which can help us.

    just like you are seeing the ground realities of porting from eb3 to eb2, i believe that iv knows the ground reality of proposing new interpretations to the law. I would go a little further in saying that the proposals considered here are changes in the law than changes in the interpretation of the law.


    I may be wrong on my thinking, but I do hope you take a suggestion - when reading the INS law, understand it independently first. Then go back to see, if it can be applied on your interpretation. Do not start out with it, everything looks red when wearing red tinted glasses.......

    After the advocacy days in DC, I am sold on what IV is offering and its commitment to the EB community. I am EB3 too and I am pretty much in the same boat as many of you here.



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  • HV000
    02-14 12:51 PM
    That is not true.. Let me explain.. I want to give you an example to illustrate what the issue is: Think of a grocery check out line and let us assume for a moment that there are seperate counters for Indians, Chinese, Phill, MEX, ROW. So there are 5 counters. What is happening right now is that the queque for Indians and chinese and other retrogressed countries is long and snakes thru the aisles and they have to wait hours before they can check out, whereas ROW applicants can check out in minutes.
    So it is not like Indians, or other retrogressed countries will consume all EB visas, If there were no country quotas. it is just that the waiting time to get one will be equal for everyone, irrespective of country of birth. That is how it should be, since it is an employment based visa..
    The logic of employment based visas is that it was created to give visas (GC) to the applicants that were most needed by the US Employers at any given time. If the most qualified applicants that US employers prefer happen to be phillipinoes or chinese or Indians, that would mean there are more of those nationals.


    Using your analogy, the more Indians, Chinese, Mexicans, Filipinos stand in the checkout, the lesser the chance for ROW people to get through the checkout. So, how can you say the waiting time will be EQUAL for everyone?





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  • logiclife
    04-23 05:29 PM
    Everyone, calm down.

    Gautam: We understand that you are not an IV member and you attended a public event and asked the congressman a question and got a dissatisfactory answer to your question.

    It was a public event and it was well within your rights to ask your question. Fine.

    Here is the issue with your questions and expectation and also with expectation of other members who have been thoroughly dissatisfied on Saturday:

    1). Need to temper expectations, lawmakers are not really experts in Immigration law or any law...they set policy...they dont practice law everyday...

    Firstly, your question is such that it is beyond congressman's capacity to answer. You asked about the non-immigrant intent tied to the student visa and you said that it doesnt make sense to have that non-immigrant intent on student visas and its prevent you from getting a degree from your school where you are getting/got admission.

    You have to realize that these are highly technical issues and no Congressman or Senator....NONE...not even Ted Kennedy, not even John McCain (they have spent good part of this decade coming up with comprehensive bill last year) would understand deeply technical legal issues like "Non Immigrant Intent" in the law and the bills. NOT EVEN JOHN CORNYN who has spend huge time on skilled immigration and whose previous bill actually has stuff to remove the non-immigrant intent from student visa adjudication in consulates. Lawmakers work at policy level and THEIR STAFF works the details. The kind of question you asked was something that you can get answers on from a staff member. And not just any staff member, it has to the the JUDICIARY COUNSEL of the congressman or the Senator. Otherwise, they would not know the different between H1 and F1 and the difference between GC quota (140,000) and H1 Quota (65,000).

    Congress passes thousands of bills each year. Each day in session, Congressmen vote on over a dozen bills. For each bill they vote, they get a 5-10 line brief description. So never expect lawmakers to know your issues in that great details.

    2). Need to have a polite tone.

    This point I am making is not just pertinent to you (Gautam), but to everyone. When you are dealing with a lawmaker so closely involved with a 700-page bill of which 98% is dealing with sparing the lives of 11 million illegals who are living in fear of deportation, prison, raids and separation from their children, you have to be VERY VERY CAREFUL when asking for things like "I am not getting GC therefore, I cant get promotion", "I am making only 80K and with GC I can make 120K", "I cannot go to Ivy league school for next 2 years"... Not that these arent legit issues. They are. But when a person sees questions from the undocumented community, some of them were breaking into tears when asking questions...your questions and your tone has to be very careful. I dont know if anyone stayed thru the end. I and Pratik were there till the end and we talked to Congressman after the crowd dispersed and there were just some reporters, organizers etc at around 7:45 PM. Some questions towards the end,...people were breaking into tears when asking..."my son cannot go to school anywhere next year when he grads from highschool"..."When are the raids going to stop"...etc. These guys are plucked from their homes and workplace and their Kids actually end up on the streets as it recently happened in New Bedford, Massachussetts. Kids were unable to go home (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)beause their parents didnt come from work (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/350_are_held_in_immigration_raid/)and there wasnt anyone from social services notified about the parents being picked up by Immigration enforcement.

    In the environment, when children possibly become homeless/lost/kidnapped because their parents are in jail suddenly, (read news articles on raids in New Bedford Massachussets (http://www.boston.com/news/local/massachusetts/articles/2007/03/07/children_stranded_after_immigration_raid/)), IF YOU DONT HAVE A VERY SOFT AND POLITE TONE and a very compelling story, your point is going to backfire and you will risk looking like RICH SPOILED AND PRIVILEGED KIDS who ALREADY HAVE LEGAL STATUS and ALREADY HAVE PATH TO CITIZENSHIP and are yelling on top of their lungs to speed that up.

    Your case is legit, not doubt, but WHEN IN CONTRAST with undocumented, you run the risk of looking like snobs and elitists. That's just how it is. And lawmakers dont exactly get goosebumps when you name-drop words like "Harvard", "Stanford" and "Berkeley" and "U Penn". Its not like they are going to go weak on their knees when you say "I went to harvard and how dare you dont get me a Greencard. I will go back to India/China". It doesnt really make a difference to them. They have people WORKING FOR THEM in their staff who went to Ivy league schools.

    And frankly, Gautam, your tone of asking the question was..."what are you doing about this...you dont understand what you are losing , you will lose us to India and China and France"....is THE WRONG TONE. It was nowhere near polite or calm. It was pretty "WTF" attitude like you said we should all use, and IT WONT WORK. If shouting out, yelling, soundbites and rhetoric would have worked, we would have gotten the job done a long time ago.
    Merits of the issue and argument is one thing...no matter how strong your point is YOU HAVE TO be POLITE and be FRIENDLY and ask nicely. Otherwise you will really get nothing back from your lawmakers.

    Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.



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  • abd
    09-21 04:01 PM
    How many days it took you to receive physical RFE after Online status update?

    Thanks

    I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.





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  • yabadaba
    02-20 03:08 PM
    googler u r the new berkeleybee!!

    can u call him in a few weeks and ask him what was the number of eb2 india pre-dec 2003 that he got from uscis?



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  • Jaime
    09-10 12:15 PM
    You have contributed 1000s of dollars to Social Security and if you don't fight for it, anti-immigrants will kick you out of the U.S. by frustrating you to the limit, and your Social Security money will go to fund Lou Dobb's retirement and that of others, except yours!





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  • GCNirvana007
    10-10 01:33 PM
    Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?

    No how about carry the documents which is required by LAW rather your criminal suggestion?

    Its simple, its LAW. They have clearly stated to carry. Just carry the damn documents and get over it. I see it amusing people whining about this. Its not like they are raping you. They are asking questions which they are entitled to. If someone crosses the line, then yes we can take it up on them.



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  • DDD
    03-11 12:04 AM
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  • hiralal
    09-10 05:48 PM
    True. But this is slower as this gets split in to all categories. For EB3 to get all of that or most of that will take years.
    we can only speculate since even they don't know what they will do-- but my guess is it will be better ... they may try to give more visas for eb3 just to keep the gap between eb2/eb3 to around 5 years..since this attracts more filings which means more $$$





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  • ss1026
    11-01 01:04 PM
    Bumping..

    I am myself curious to see more ppl respond to this vote but I think it might be better if you bump it on a high traffic day. I guess the visa bulletin issuance day is a good one





    polapragada
    02-18 07:37 PM
    I hope it will become law...
    But my mind says NO way!!!





    BharatPremi
    03-17 02:30 PM
    Thanks
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.



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